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ATTACHMENT 7 <br /> THIRD AMENDMENT TO AGREEMENT <br /> This Third Amendment to Agreement ("Third Amendment") is entered into this 17th day of November <br /> 2020 by the City of Pleasanton ("City") and Lifetime Activities ("Contractor") <br /> Whereas, on January 1, 2011 the City and Lifetime Activities entered into an Operator <br /> Agreement for Tennis services ("Agreement"); and <br /> Whereas, COVID-19 has limited the operations of Lifetime Activities; and <br /> Whereas, the parties desire to amend to the Agreement; <br /> Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br /> the parties agree as follows: <br /> 1. Section 4.09.01 of the Agreement "Days and Hours of Operation" is amended to read: From <br /> November 30, 2020 to March 14, 2021, reduced winter operating hours are Tuesday through <br /> Friday: 9:00 a.m. to 8:00 p.m., and Saturday/Sunday: 9:00 a.m. to 6:00 p.m. The office is to be <br /> closed on Mondays. Courts will remain open to the public when Lifetime Activities personnel are <br /> not on-site. <br /> 2. Section 7.0 of the Agreement, "Compensation" is amended to read: In lieu of fixed rent, Lifetime <br /> Activities will remit twelve percent (12%) of all revenue from January 1, 2021 through <br /> December 31, 2021. <br /> 3. This amendment may be executed in multiple counterparts, each of which shall be an original <br /> and all of which together shall constitute one agreement. Counterparts may be delivered via <br /> facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal <br /> E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions <br /> Act(Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and <br /> any counterpart so delivered shall be deemed to have been duly and validly delivered and be <br /> valid and effective for all purposes. <br /> 4. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> In witness whereof, authorized representatives of the parties have executed this Third Amendment to the <br /> Agreement as of the date and year first above written. <br /> CITY OF PLEASANTON CONTRACTOR <br /> By: <br /> Nelson Fialho, City Manager Signature <br /> Print name <br /> Title: <br /> ATTEST: <br /> [If Consultant is a corporation, signatures must comply <br /> First Amendment Page 1 <br />